Mahendrapal Singh vs State of M.P. and others

B.C. Varma, J.—The petitioner was a Ship Modelling Instructor-Store Keeper in the 2 MP Naval Unit of the National Cadet Corps. (N. C. C). He was so selected for appointment to this post of Ship Modelling Instructor by the Directorate of Collegiate Education, M.P. A formal order of appointment was issued by Officer Commanding 2MP Naval Unit N. C, C. on lst of July, 1982. By letter dated 22nd Jannary, 1986 the Commanding Officer intimated the petitioner that he will be retiring from service with effect from 14-11-86 on his attaining the age of superannuation i. e. 58 years. The petitioner immediately submitted his representation on 24th of January, 1986 alleging that since he was employed as a ''teacher'' in an ''Educational Institution'', his date of superannuation is 60 years and not 58 years in accordance with the M.P. Shaskiya Sevak (Adhivarshiki-ayu) Adhiniyam, 1967 as it stands amended by the M.P. Shaskiya Sevak (Adhivarshiki ayu)Sansodhan Adhiniyam, 1984. As his representation was not heeded to, the petitioner rushed to this Court for a direction that as his age of superannuation is 60 years he could not be retired on his attaining the age of 58 years. Although petition was filed before the petitioner reached the age of 58 years, he has completed his 58 years on 14-11-86 i. e. during the pencency of this petition. He, therefore, must have by now retired from service.

Section 2 of the M.P. Shaskiya Sevak (Adhivarshiki-ayu) Adhiniyam, 1967 (Act No. 27 of 1967) substitutes fundamental rule 56 applicable to all Government servants in M.P. and provides that the date of compulsory retirement of a Government servant shall be the date on which he attains the age of 58 years, This, however, has been amended by Act No. 35 of 1984 (Amendment Act). According to this amendment, a ''teacher'' in Government service shall retire on the after-noon of the last day of the month in which he attains the age of 60 years. By an explanation to that amendment the term ''teacher'' for this purpose is to mean a Government servant by whatever designation called, engaged in teaching in an aducational institution including technical or medical institutions, run by Government. This amendment has been made applicable with effect from 5th Sept. 1984. The State of Madhya Pradesh (school section) issued a circular No. F/4/226/85/A-1/20 dated Bhopal, the 5th of January, 1985. This circular mentioned that the Chief Minister of the State has made a declaration that all such teachers who are actually working on administrative posts but who have spent a large period of their service in teaching, shall not be retired on attaining the age of 58 years until further orders. The circular indicates that an amendment to make effective the declaration of the Chief Minister was in contemplation. In view of the amendment made in the Act No. 29 of 1967 by Act No. 35 of 1984, the petitioner alleges that he is a teacher appointed in a Educational Institution i. e. the National Cadet Corps and has ever since been doing the job of teaching i. e. Instructing the students in various colleges and schools and have been imparting them military education. He, therefore, claims the benefit of this amendment and contends that his age of retirement should be taken on 60 years and not 58 years and should, therefore, be allowed to continue in service till he attains the age of 60 years. After hearing the Learned Counsel for the petitioner and the Government Advocate we are of the opinion that the contentions raised have no force and the petition must be dismissed.

It is some what difficult to define the term'' Institution'' in the modern acceptation of the word, Lord Herschall in his speech in Man Chaster Cor-poration v. Acadam (1896) AC 500 relying upon the definition in Imperial Dictionary described this term to mean an undertaking formed to promote some defined purpose having in view generally the instruction or education of the public. It can well be a body called in to existence to translate the purpose as conceived in the minds of the founders into a living and active principle. It may be an organisation, establishment, foundation, society or the like devoted to the promotion of a particular object specially one of a public, educational or charitable character. The meaning to this word ''Institution" wiil depend upon the context in which it is used. Thus, even a tank may be a charitable Institution when there is dedication in respect of that tank (See Kamaraju Venka-ta Krishna Rao v. Sub-Collector. Ongole and another AIR 1969 SC 56, and ''education'' may mean the action or process of educating or of being educated. In one sense this word ''education'' may be used to describe any form of training, any manner by which physical or mental aptitude, which a man may desire to have for the purpose of his work, may be acquired. (See Chartered Insurance Institute v. London Corporation (1957) 2 All. ER 638. The term ''education as used in Entry No. II of List H of the Seventh Schedule of the Constitution of India, was held by the High Court of Bombay in Ramchand Maroti Mandwale Vs. Malkapur Municipal Council, Malkapur and Another, to mean teaching of the persons in general other than teaching or naming for a business or profession. Thus, an educational Institution would be an organisation or an establishment constituted to promote education both technical and non-technical and may also include physical education.

National Cadet Corpe was constituted under the National Cadet Corps Act, 1948. It was felt that the then University Officers Training Corps be overhauled and full development''of character and the capacity of leadership be developed in boys and girls when they are young and impressionable. To achieve this end, Cadet Training in schools and Universities was sought to be introduced. Section 3 of the Act provides for the constitution of the National Cadet Corps. Section 4 then authorises the Central Govt, to constitute in any State one or more Units of the Corps, members of which shall be recruited from amongst students of any University or School. According to Section 6, any student of any University/School may offer himself for enrolment as a Cadet in either senior or junior or girls division as the case may be. Sec. 9 which provides for appointment of officers says that the Central Government may provide for the appointment of officers in or for any unit of the Corps either from amongst staff of any University or School or otherwise and may prescribe duties, powers and functions of such officers.

In addition to this, the State of Madhya Pradesh has carved out a service known as Madhya Pradesh National Cadet Corps sub-ordinate Class-Ill service and the Governor in exercise of powers conferred by proviso to Article 309 of the Constitution has made Rules known as the Madhya Pradesh National Cadet Corps Sub-ordinate Class-Ill service Recruitment Rules, 1973 which have come into force with effect from 18th of January, 1974. This service may consist of three categories of persons as specified in Rule 4 and includes persons who at the commencement of those rules were holding substantively posts specified in Schedule I annexed to the Rules. Ship Modelling Instructor is a non gazetted (technical) Class-Ill post in that service. Tbe appointment orders Annexure-A-1 show that the petitioner was appointed as Ship Modelling Instructor before coming into force of these rules and became member of this service as soon as those rules come into force. The appointing authority of the persons constituting this service is the Director N. C. C. M.P. or such other authority to when power of appointment to the service or posts may hereafter be delegated by the Government and the Director, means the Director National Cadet Corps, M.P. The appointment orders Annexure A and A-1 show that the petitioner has been appointed to this service of the State of Madhya Pradesh.

The statement of object for enacting the National Cadet Corps Act, 1948 would indicate that the National Cadet Corps was brought into existence to impart Cadet training in schools and universities with a view to develop character and capacity of leadership amongst the students in Universities, Colleges and schools. It was raised primarily to create a force of disciplined and trained man-power and inculcate leadership qualities among the youth to provide a service of officers for our armed forces. In a bulletin published at the occasion of the 33rd anniversary of the National Cadet Corps in M.P. the aims of the National Cadet Corps have been stated thus :

Development of leadership, character, comradeship, spirit of sportsmanship and the ideal of service.

To create a force of disciplined and trained manpower, which in a national emergency could be of assistance to the country.

To provide training for students with a view to developing in them officer-like qualities, thus also enabling Lthem to obtain commissions in the Armed Forces.

These aims and object with which the National Cadet Corps was created and has ever since been working clearly indicate that it is not an educational institution, since the object is to develop leadership, character, comradeship and to create a force of disciplined and trained manpower and to develop ofrber-like quality in student enrolled in different educationalinstitutions enabling them to commission in Armed Forces. Thus, the object of'' the National Cadet Corps is not the advancement of education although a few like the petitioner are cancerned with imparting training in different wings of the Corps. Reference may be made to a decision in Chartered Insurance Institute v. Lodcn Corporation (supra). In that case the question was whether ''Chartered Insurance Institute'' was an educational Institution. Object of that Institution was "to provide and maintain a central organisation for the promotion of efficiency, progress and general development among persons engaged or employed in insurance, whether members of the institute or not, with a view not only to their own advantage but to rendering the conduct of such business more effective,safe and scientific securing and justifying the confidence of the public and employers by reliable tasts and assurances of the competence and trustworthiness of persons engaged or employee in insurance". The institution was also concerned to encourage and assist the study of subjects bearing on insurance, to publish a journal, etc. The institute claimed limitation of the amount of rates under the "Rating and valuation (Miscelleneous Provisions) Act, 1955"as being an organisation whose main objects were concerned with the advancement of education, 40 members of the Institute''s total staff of 50 were concerned with tution and examination activities. It was found that in view of the main object of the Institute, the purpose of the Institute was to enable persons employed in insurance to practice insurance to greater advantage. Consequently, it was held that the institute was not an educational institute. Thus, in view of the main objects of the Corps being development of character and capacity of leadership but not advancement of education, it cannot be said that the petitioner who was employed in the Madhya Pradesh National Cadet Corps Sub-ordinate Class III service of the State of Madhya Pradesh as Ship Modelling Instructor and whose duties were to import training in ship modelling cannot be said to be engaged in any educational institution. That being so, the petitioner is not entitled to the benefit of the amendment of section 3 of that 1967 Act extending the age of compulsory retirement of teachers engaged in educational institution to sixty years. The petitioner has rightly been retired on his attaining the age of 58 years.

The petition is dismissed but without any order as the costs Security amount, if any, be refunded to the petitioner.